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Not sure how it works if elder is already getting Medicaid but I would think you could reapply after Miller Trust is established. The Miller Trust in our case was set up to handle the "income"funds that were in excess of what Medicaid allows. The Elder Care Attorney drew up the legal documents with me (daughter) as trustee. I was sent to one of the larger banks to set up the Miller Trust checking account. Basically Moms SS and retirements were deposited to account at smaller bank. Then I had to write a check and deposit that into the Miller Trust cheking account then write a check to the Nursing Home. Ater those steps Nursing Home got all Moms income except $60.00 that our state allowed Mom to keep. Even if your Elder is able to function at home now with home services that may not always be the case. In my opinion it would be worth a face to face with an Elder Care Attorney for a consult. In my case there was no charge for the consult. In my opinion even if there is a charge for the consult it is well worth the money. I was allowed to use Moms money for legal fees when documents were drawn up because the services were for her. Good Luck.
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Lol, i think i should have got a degree in elder law. I dont know if the miller trust applies when someone was already getting medicaid, lost qualification, refuses nursing home and wants home based services.
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Tacy - I know nothing about it but have frequently seen this type of question here and the reply is always something called a "Miller Trust" - evidently it sets up a trust account and the amount of money that comes in each month that is above the allowed amount gets deposited into the trust account - or something like that, lol! It needs to be set up by an attorney.
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